Duty of Secretary of State

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If a document delivered to the Office of the Secretary of State for filing satisfies the requirements of Section 79-4-1.20, the Secretary of State shall file it.

The Secretary of State files a document by recording it as filed on the date and time of receipt. After filing a document, the Secretary of State shall deliver to the domestic or foreign corporation or its representative a copy of the document with an acknowledgment of the date and time of filing.

If the Secretary of State refuses to file a document, he shall return it to the domestic or foreign corporation or its representative within ten (10) days after the document was delivered, together with a brief, written explanation of the reason for his refusal.

The Secretary of State's duty to file documents under this section is ministerial. His filing or refusing to file a document does not:

  1. Affect the validity or invalidity of the document, in whole or in part;
  2. Relate to the correctness or incorrectness of information contained in the document;
  3. Create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect.


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